Premises Liability Blog | Injury Attorneys in Daytona Beach

Eleventh Circuit rules in maritime slip and fall case that evidence of defendant cruise line’s prior knowledge of “risk-creating condition” of wetness in pool area precluded summary judgment for defendant June 16, 2022

On May 5, 2022, in Brady v. Carnival Corporation, No. 21-10772, the Eleventh Circuit Court of Appeals reversed a summary judgment entered by the district court for the defendant cruise line company in a maritime premises liability case...

Eleventh Circuit rules in maritime premises liability case that cruise ship security officers’ presence during the verbal altercation that preceded a passenger-on-passenger assault did not provide actual or constructive notice that a physical assault was to follow June 16, 2022

On May 3, 2022, in Fuentes v. Classica Cruise Operator Ltd., Inc. No. 20-14639, the Eleventh Circuit Court of Appeals affirmed a summary judgment entered by the district court for the defendant cruise line company in a maritime...

Florida Second DCA rules in premises liability case that “obvious danger” doctrine did not support summary judgment for defendants because questions of fact remained as to whether defendants should have anticipated that the dangerous condition would cause injury

Eleventh Circuit Court of Appeals affirms dismissal of maritime slip and fall premises liability case against cruise line, concluding that complaint lacked sufficient facts suggesting the amount of time the hazard existed on the deck before the fall or that there were crewmembers monitoring the area May 25, 2022

On February 28, 2022, in Newbauer v. Carnival Corporation, No. 21-10955, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a plaintiff’s maritime premises liability complaint against the cruise line defendant. The plaintiff alleged that her slip...

Florida Third DCA rejects argument that apartment building owner had duty under “means restriction” theory to protect plaintiff trespasser from using roof to attempt suicide May 25, 2022

On February 23, 2022, in Iacono v. Kingsley Arms Apartments, Inc., No. 3D20-1830, the Florida Third DCA affirmed a trial court’s dismissal in favor of the defendant apartment building owner in a premises liability case. The plaintiff was seriously injured when...

Florida Fourth DCA rules that original property developer was not a proper Fabre defendant in premises liability case because purchaser had a reasonable opportunity to discover latent defect and take precautions in the 24 years since transfer of the property May 25, 2022

On January 5, 2022, in J.L. Property Owners Association, Inc. v. Schnurr, No. 4D19-3474, the Florida Fourth DCA the affirmed a trial court ruling that denied the motion of a premises liability defendant, the property owner’s association controlling the area in which...

Florida Second DCA rules in premises liability case that “obvious danger” doctrine did not support summary judgment for defendants because questions of fact remained as to whether defendants should have anticipated that the dangerous condition would cause injury January 6, 2022

On December 17, 2021, in Conrad v. The Boat House of Cape Coral, LLC, No. 2D20-227, the Florida Second DCA reversed a trial court’s summary judgment in favor of the defendants in a slip and fall premises liability case after concluding that genuine issues of material fact...

Florida Fourth DCA reverses judgment for plaintiff in premises liability case, finding photographs of accident scene provided insufficient evidence that a dangerous condition existed for sufficient time to establish constructive notice by the defendant January 6, 2022

On December 15, 2021, in Speedway, Inc. v. Cevallos, No. 4D20-1120, the Florida Fourth DCA reversed a final judgment in favor of the plaintiff in a premises liability slip and fall case, finding that the plaintiff failed to offer evidence of a dangerous condition...

Florida Fourth DCA rules in premises liability slip and fall case that trial court erred by giving Florida Standard Jury instruction (Civil) 401.20(a) without any modification or revision reflecting current slip and fall liability law January 6, 2022

On December 22, 2021, in Fuentes v. Garcia, No. 4D20-1346, the Florida Fourth DCA reversed a judgment for the plaintiff in a slip and fall premises liability case, finding that the trial court erred in providing Florida Standard Jury instruction (Civil) 401.20(a)...

Florida Second DCA reverses summary judgment for defendant restaurant proprietor in slip and fall premises liability case, finding that defendant could have had a duty to manage and control sidewalk outside of its restaurant even if the sidewalk was owned by the City of Naples January 6, 2022

On December 29, 2021, in City of Naples, Florida, et al. v. Chops City Grill, Inc., No. 2D19-2836, the Florida Second DCA reversed a summary judgment entered by the trial court in favor of the defendant restaurant proprietor in a premises liability case...

Florida Fifth DCA reverses award of punitive damages in maritime case in which former cruise ship employee sued Disney Cruise Line for failing to provide maintenance and cure benefits for injuries she sustained in off-ship accident December 12, 2021

On November 2, 2021, in Magical Cruise Company Limited d/b/a Disney Cruise Line v. Martins, No. 5D20-0379, the Florida Fifth DCA partially reversed a judgment for the plaintiff in a maritime case in which a former crew member of Disney’s Dream...

Florida Third DCA finds affirms summary judgment for grocery store in premises liability slip and fall case, finds that that evidence that transitory substance was on floor for less than five minutes was insufficient to impute constructive knowledge to defendant October 12, 2021

On September 8, 2021, in De Los Angeles v. Winn-Dixie Stores, Inc., No. 3D19-2520, the Florida Third DCA appealed a summary judgment entered in favor of the defendant grocery store in a premises liability case. The plaintiff claimed...

Eleventh Circuit rules in maritime premises liability case that cruise ship owner was vicariously liable for negligence of employee regardless of whether owner had actual or constructive knowledge of risk-creating condition August 9, 2021

On July 12, 2021, in Yusko v. NCL (Bahamas) Ltd., No. 20-10452, the Eleventh Circuit Court of Appeals ruled that a passenger pursuing a maritime negligence claim against a shipowner based on an employee’s negligence under a theory of vicarious...

Florida First DCA rules that trial court erred in granting defendant summary judgment in premises liability case, pointing to evidence that allegedly dangerous condition violated building code August 9, 2021

On July 20, 2021, in Dudowicz v. The Pearl on 63 Main Street, Ltd., No. 1D20-2507, the Florida First DCA affirmed in part and reversed in part a summary judgment order entered by the trial court in a premises liability case involving a fall by the plaintiff in one...

Florida Second DCA rules that plaintiff’s acceptance of late periodic payments under settlement agreement with defendant did not constitute implicit revision of the agreement July 12, 2021

On May 26, 2021, in Mortellaro v. Caribe Health Center, Inc. et al., No. 2D19-4473, the Florida Second DCA ruled that the defendant in a premises liability lawsuit had materially breached the time limitations for the installment...

Florida First DCA affirms directed verdict for defendant hospital in slip and fall case, finding that plaintiff did not present sufficient evidence that a foreign substance was on the hallway floor where she fell July 12, 2021

On June 1, 2021, in Tallahassee Medical Center, v. Kemp, No. 1D19-2437, the Florida First DCA reversed the trial court’s denial of a defendant’s directed verdict motion in a slip and fall case, concluding that the plaintiff did not present...

Eleventh Circuit rules that Florida’s recreational use statute, Fla. Stat. § 375.251, applies to all visitors of qualifying recreation areas regardless of the visitor’s status, including business visitors May 10, 2021

On April 27, 2021, in Fisher v. United States, No. 19-13626, the Eleventh Circuit Court of Appeals affirmed a U.S. district court’s order dismissing a premises liability action involving a slip and fall accident at a public beach ...

Florida Second DCA reverses summary judgment for defendant general contractor in premises liability case, finding that defendant failed to conclusively establish that it should not have anticipated the harm to the plaintiff notwithstanding the plaintiff’s knowledge of the danger February 15, 2021

On January 15, 2021, in Pratus v. Marzucco’s Construction & Coatings, Inc., No. 2D19-2807, the Florida Second DCA reversed a summary judgment for the defendant in a premises liability case...

Florida First DCA reverses summary judgment for defendant school in premises liability case involving seven-year old student injured while running in indoor gym February 15, 2021

On January 11, 2021, in Collias v. Gateway Academy of Walton County, Inc., No. 1D19-262, the Florida First DCA reversed a summary judgment order that had been entered for the defendant...

Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence February 15, 2021

On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered...

Florida Fourth DCA rules that release signed by student athlete releasing school board from liability for future sports injuries was enforceable even though athlete was a minor February 15, 2021

On January 6, 2021, in Elalouf v. School Board of Broward County, No. 4D19-3272, the Florida Fourth DCA ruled that a high school athlete was barred from suing the school board of Broward County...

Florida Third DCA rules that security company had no duty to protect hospital visitors because its contractual obligation was limited to the protection of hospital employees February 15, 2021

On January 6, 2021, in Glickman v. Kindred Hospitals East, LLC, et al., No. 3D19-1597, the Florida Third DCA affirmed a summary judgment entered by the trial court for the defendant security company...

Florida First DCA rejects defendant’s claim for reimbursement of all fees and costs from personal injury plaintiff’s wife who lost her loss of consortium claim at trial, concluding that the fees and costs in defense of the husband’s and wife’s claims were not inextricably intertwined January 8, 2021

On December 30, 2020, in Signal Hills Golf Course, Inc. v. Womack, No. 1D19-1348, the Florida First DCA affirmed a trial court’s ruling which had denied the defendant's request...

Florida Third DCA reverses and remands for new trial after jury awards slip and fall plaintiff damages for past medical expenses but not for past noneconomic damages January 8, 2021

On December 16, 2020, in Cabrera v. Wal-Mart Stores East, LP, No. 3d19-2301, the Florida Third DCA reversed a trial court judgment in a premises liability slip and fall case...

Florida Fourth DCA rules that high voltage power lines were open and obvious danger not triggering homeowner duty to warn tree trimmer December 8, 2020

On November 25, 2020, in Salinas v. Weden, et al., No. 4D19-3634, the Florida Fourth DCA affirmed a summary judgment for the defendant homeowners in a premises liability lawsuit...

Florida First DCA affirms trial court ruling in premises liability case that discovery of substance on the floor of the supermarket was insufficient to create a jury issue December 8, 2020

On November 20, 2020, in Rodgers v. Publix Super Markets, Inc., No, 1D20-579, the Florida First DCA in a PCA decision affirmed a trial court ruling in a premises liability case...

Florida Fourth DCA rules in premises liability/negligent security wrongful death case that decedent’s alleged commission of felony was too remote in time from his killing to entitle defendant to immunity under Fla. Stat. § 768.075(4) December 8, 2020

On November 4, 2020, in Pride of St. Lucie Lodge 1189, Inc. v. Reed, No. 4D19-3009, the Florida Fourth DCA affirmed a final judgment in favor of the plaintiff...

Florida Second DCA finds that defendant in premises liability trip and fall case was not entitled to summary judgment based on allegedly open and obvious nature of parking lot depression October 08, 2020

On September 4, 2020, in Greene v. Twistee Treat USA LLC et al., No. 2D14-4064, the Florida Second DCA reversed a summary judgment...

Florida Forth DCA rules that arbitration provision in release and waiver form was valid and enforceable against minor accident victim who forged parent’s signature on form September 10, 2020

On August 12, 2020, in Off the Wall & Gameroom LLC v. Gabbai, No. 4D19-2657, the Florida Fourth DCA reversed a trial court’s ruling denying a defendant’s motion to compel arbitration ...

Eleventh Circuit rules that calculation of medical expense component of damages in maritime negligence case is not limited to amount paid after negotiated reductions September 10, 2020

On August 14, 2020, in Higgs v. Costa Crociere S.P.A. Company, No. 19-10371, the Eleventh Circuit Court of Appeals affirmed in part and reversed in part a trial verdict and judgment ...

Florida Fourth DCA rules that plaintiff’s premises liability lawsuit against customer of plaintiff’s employer was barred by exculpatory clause in plaintiff’s employment agreement August 06, 2020

On July 22, 2020, in Merlien v. JM Family Enterprises, Inc., et al, No. 4D19-2911, the Florida Fourth DCA affirmed a trial court’s summary judgment in favor of the defendant ...

Florida Fourth DCA rules that plaintiff’s prior statement alleging cause of accident at odds with stipulation of the parties was inadmissible as substantive evidence August 06, 2020

On July 22, 2020, in Emmitt v. First Transit, Inc., No. 4D19-721, the Florida Fourth DCA reversed a trial court order which had granted a new trial to a defendant in a premises liability case ...

Eleventh Circuit rejects plaintiff’s res ipso loquitur and spoliation claims against defendant cruise line in lawsuit involving collapsed stateroom chair August 06, 2020

On July 14, 2020, in Tesoriero v. Carnival Corporation, No. 18-11638, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the defendant cruise line ...

Florida Second DCA reverses summary judgment for defendant in premises liability case, finds that condo association president’s knowledge of elevator complaints precluded summary judgment August 06, 2020

On July 8, 2020, in Vogel v. Cornerstone Doctors Condominium Association, Inc., No. 2D19-1084, the Florida Second DCA reversed a trial court’s summary judgment for the defendant in a premises liability case ...

Florida Third DCA reverses trial court’s dismissal of premises liability case involving fall at Homestead model home site; finds issue of material fact as to whether builder, through an uncommon design or mode of construction, created a hidden danger on its property that a prudent invitee would not anticipate August 06, 2020

On July 1, 2020 in Echevarria v. Lennar Homes, LLC, 3D19-1422, a premises liability case involving the plaintiff’s fall at a model home site in Homestead, Florida ...

Florida Third DCA affirms dismissal of premises liability case involving slip and fall at Hialeah clothing store; finds no evidence that defendant had actual or constructive knowledge of alleged dangerous condition August 06, 2020

On July 1, 2020, in Morales v. Ross Dress for Less. Inc., No. 3D19-0795, a premises liability case involving the plaintiff’s slip and fall at the defendant’s store in Hialeah, Florida, the Florida ...

Eleventh Circuit Court of Appeals rules that forum selection clause in Carnival Corporation’s passenger cruise ticket prevented plaintiff from dismissing her negligence lawsuit against Carnival pending in federal court July 08, 2020

On June 30, 2020, in Deroy v. Carnival Corporation, No. 18-12619, the Eleventh Circuit Court of Appeals reversed a district court ruling that had dismissed a plaintiff cruise ship ...

Eleventh Circuit reverses summary judgment for defendant cruise line in maritime-negligence case July 08, 2020

On June 16, 2020, in Amy v. Carnival Corporation, No. 18-14917, the Eleventh Circuit Court of Appeals reversed a summary judgment entered by the district court for the defendant ...

Florida Second DCA rules that whether defendant store breached its duty to warn the plaintiff of the danger posed by a spilled liquid was genuine issue of material fact for jury determination June 12, 2020

On May 27, 2020, in Fredrick v. Dolgencorp, LLC, No. 2D18-4621, the Florida Second DCA reversed a trial court’s summary judgment in favor ...

Florida Fourth DCA reverses summary judgment for county premises liability defendant, concluding that county waived statutory immunity from liability for in-line skating injury by not including as an affirmative defense June 12, 2020

On May 20, 2020, in Griffin v. Palm Beach County Board of County Commissioners, No. 4D19-1396, the Florida Fourth DCA reversed a trial ...

Florida Fifth DCA rules that trial court erred in granting summary judgment for defendant in premises liability case involving cheerleading accident, concludes that video evidence of accident did not foreclose defense liability June 12, 2020

On May 15, 2020, in Carlson v. Volusia County Schools, et al., No. 5D19-91, the Florida Fifth DCA reversed a summary judgment entered by the trial court for the defendant City of DeLand ...

Florida Third DCA finds that additional allegations in plaintiff’s summary judgment affidavit beyond allegations contained in deposition testimony did not invalidate affidavit May 12, 2020

On April 29, 2020, in Najeera v. Tropical Supermarket Corp., No 3D18-2255, the Florida Third DCA reversed a summary judgment ...

Florida Second DCA rules that trial court erred in granting summary judgment to defendant in slip and fall premises liability case May 12, 2020

On April 29, 2020, in Norman v. DCI Biologicals Dunedin, LLC, No. 2D183065, the Florida Second DCA reversed a summary judgment entered ...

Eleventh Circuit reverses district court summary judgment for defendant cruise line in premises liability slip and fall case May 12, 2020

On April 15, 2020, in Carroll v. Carnival Corporation, No. 17-13602, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for the defendant cruise line ...

Florida Second DCA rules that trial court erred in granting summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained roadway and failed to warn of dangerous condition April 27, 2020

On March 25, 2020, in Brannick v. Pinellas County, No. 2D19-2422, the Florida Second DCA reversed a trial court ruling grant summary judgment to defendant ...

Florida Third DCA rules in slip and fall case that grocery store defendant had obligation to preserve video upon receipt of presuit request to do so, but was not subject to adverse inference jury instruction for failure to monitor area of fall by camera or logged inspection April 27, 2020

On March 4, 2020, in Pena v. Bi-Lo Holdings, LLC, No. 3D19-0581, the Florida Third DCA affirmed a trial court ruling which denied a slip and fall plaintiff’s request for an adverse inference jury instruction ...

Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony March 17, 2020

On February 26, 2020, in Williams v. Ryta Food Corp, No. 3D19-0126, the Florida Third DCA reversed a summary judgment entered by the trial court ...

Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case March 17, 2020

On February 26, 2020, in Walters v. Beach Club Villas Condominium, Inc., No. 3D17-0753, the Florida Third DCA reversed a trial court’s ruling that a defendant ...

Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill March 17, 2020

On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered ...

Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party March 17, 2020

On February 19, 2020, in The Waves of Hialeah, Inc. v. Machado, et al., No. 3D18-300, the Florida Third DCA affirmed the trial court’s ...

Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him February 17, 2020

On January 15, 2020, in Bryan v. Galley Maid Marine Products, Inc., No. 4D18-3699, the Florida Fourth DCA reversed a summary judgment ...

Florida Third DCA affirms trial court order granting summary judgment to security guard company that had no personnel on duty at time of attack in county-owned parking garage January 17, 2020

On December 26, 2019, in Cascante v. 50 State Security Service, Inc. et al., No. 3D18-1085, the Florida Third DCA affirmed a summary judgment ...

Florida Fourth DCA reverses summary judgment by trial court for defendant gym owner in premises liability action, finds issue of material fact regarding applicability of contractual waiver of liability January 17, 2020

On December 18, 2019, in Savoia v. Fitness International, No. 4D19-368, the Florida Fourth DCA reversed a summary judgment by the trial court for the defendant gym owner in a premises liability action ...

Florida Third DCA rules in wrongful death lawsuit that hotel had no legal duty to hire professional lifeguards to supervise swimming pool January 17, 2020

On December 18, 2019, in Kamal-Hashmat v. Loews Miami Beach Hotel Operating Co., Inc., No. 3D18-1514, the Florida Third DCA affirmed a trial court ruling ...

Florida Fifth DCA affirms summary judgment for defendant in skating rink premises liability lawsuit, ruling that uneven floor was not latent or concealed condition requiring warning November 25, 2019

On September 27, 2019, in Contardi v. Fun Town, LLC, the Florida Fifth DCA affirmed a summary judgment for the skating rink proprietor in a premises liability case ...

Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator November 01, 2019

On September 13, 2019, in Krueger v. Quest Diagnostics, Inc., et al., No. 2D18-3823, the Florida Second DCA reversed a trial court’s directed verdict in favor of the defendant in a premises liability case ...

Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury July 31, 2019

On July 10, 2019, in Bejarano v. City of Coral Gables , No, 3D17-2636, the Florida Third DCA reversed a summary judgment entered by the trial court for the defense in a premises liability case ...

Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous condition raised comparative negligence issue rather than bar to claim for failure to maintain the premises in a reasonable safe July 16, 2019

On June 12, 2019, in Leon v. Pena, et al , No. 4D18-2071, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s slip and fall negligence lawsuit against her landlords for ...

Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county library, finds that plaintiff sufficiently stated claim against library June 21, 2019

On May 31, 2019, in Maldonado v. Orange County Public Library System , No. 5D18-2800, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiff’s complaint against the defendant county ...

Florida Third DCA rules that release form signed by gym customer did not bar premises liability lawsuit for injuries suffered by customer in assault at gym May 1, 2019

On April 24, 2019, in Fresnedo v. Porky’s Gym, III , No. 3D17-1126, the Florida Third DCA reversed the trial court’s summary judgment in favor of the defendant gym owner in a premises liability case. ...

Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property April 22, 2019

On April 16, 2019, in Casasanta v. Sailshare 296 LLC , No. 1D17-4862, the Florida First DCA withdrew a former opinion from December 27, 2018 and substituted a revised opinion in its place, affirming a ...

Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover March 28, 2019

On March 20, 2019, in Cruz v. Wal-Mart Stores East , No. 4D18-178, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant in a commercial premises liability case. The ...

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